Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective

The recent proliferation of international courts and jurisdictions raises a number of important issues ranging from the redefinition of the role of the International Court of Justice to the recent emergence of domestic courts as international jurisdictions. Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective, containing edited articles presented at the International Law Association’s Regional Conference held in Lisbon, offers a comprehensive overview of those issues and outlines challenges ahead for every branch of international law.
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Biographical Note

Dário Manuel Lentz de Moura Vicente, born in Lisbon, Portugal, in 1962, is Professor of Private International Law, Comparative Law and Civil Law at the Faculty of Law of the University of Lisbon, where he obtained his PhD in Law and whose Institute for Juridical Cooperation he chairs. He was a Visiting Professor at The Hague Academy of International Law, the Paris V University, the Complutense University in Madrid and the Urbino University. He has also taught extensively in other Portuguese-speaking countries.

Table of contents

Contributors;
Foreword - Manuel de Almeida Ribeiro;
I: The Growing Role of International Courts and Jurisdictions: The Permanent Court of International Justice, the International Court Of Justice, and Beyond
1. Introduction - Rui de Moura Ramos;
2. From Absence to Abundance: Tracing the Development and Impact of International Courts - Miguel de Serpa Soares ;
3. The Cases where the International Court of Justice lacked Jurisdiction: a Brief Analysis and Commentary - Rita Teixeira & Ricardo Bastos;
4. Energy at Sea and the Jurisprudence of the International Court of Justice - Dimitra Papageorgiou & Eva Tzavala;
II: International Inspection and Control Mechanisms
5. An Overview of the International Inspection and Control Mechanisms - Fernando Loureiro Bastos;
6. The UEFA Financial Control Body - José Cunha Rodrigues;
III: European and Other Regional Courts of Human Rights
7. Introduction - Ireneu Cabral Barreto;
8. The European Court of Human Rights as the European Constitutional Court - Paulo Pinto de Albuquerque;
9. The African Court on Human and People's Rights and its Position in the International and African Architectures - José Pina Delgado;
10. Cultural Rights and a Right to Cultural Identity before the European Court of Human Rights: Present Approaches and Future Challenges - Laura-Maria Craciunean;
11. The Influence of Inter-American Human Rights Law on the Jurisprudence of the Brazilian Supreme Federal Court - Adriana Ramos Costa & Eleonora Mesquita Ceia;
12. Comparing and Discussing the Different Approaches to Remedies for Child Victims before the European Court of Human Rights and the Inter-American Court of Human Rights - Francesca Capone;
13. International Criminal Court and Human Rights: Achievements and Challenges - Ondřej Svaček;
14. The Reception of the Inter-American Human Rights System in Brazil in Light of Penal Action no. 470 - Alex Ian Psarski Cabral, Cristiane Helena de Paula Lima Cabral & Mário Lúcio Quintão Soares;
IV: Dispute Resolution Mechanisms Concerning International Trade and Investment, in particular within WTO and ICSID
15. Investor-state Dispute Settlement in the European Perspective: Recent Developments - Dário Moura Vicente;
16. Dispute Resolution under the Energy Charter Treaty - Alejandro Carballo;
17. Understanding the interaction between the WTO regime and international investment regime: reversing the approach - Ozge Varis;
18. Legal Certainty During EU Accession: What Can a Foreign Investor in a Future Member State Legitimately Expect? - Sadie Blanchard;
19. Dispute Resolution Mechanisms Concerning International Trade and Investment, in particular within WTO and ICSID. A Dual Coverage in the Services Sector - Carmen Alexandra Saugar Koster;
20. The WTO Dispute Settlement System and Renewable Energy Subsidies: The Case of Feed-In Tariffs - Paolo Davide Farah & Elena Cima;
21. Evidence and the Principle of Good Faith in Investment Arbitration: Finding Meaning in Public International Law - Emily Sipiorski;
22. Challenges of “investor-state dispute settlement mechanism” in TTIP - Jerzy Menkes & Magdalena Słok-Wódkowska;
V: International Commercial Arbitration
23. The Confluence of Transnational Rules and National Directives as the Legal Framework of Transnational Arbitration - Luís de Lima Pinheiro;
24. The Challenges of Taking Evidence in International Commercial Arbitration – the Problem of Legal Privileges - Tatjana Shterjova;
VI: The Court of Justice of the European Union
25. Introduction - Fausto de Quadros;
26. The Court of Justice of the European Union - Maria José Rangel de Mesquita;
27. Infringement Procedure and the Court of Justice as an EU law’s Assurer: Member States’ Infringements Concerning Failure to Transpose Directives and the Principle of an Effective Judicial Protection - Joana Covelo de Abreu;
28. The United Nations Sanctions Regimes and a Judicialized European Union Perspective - Mateus Kowalski & Sofia Machado;
VII: Domestic Courts as International Jurisdictions?
29. Introduction - Catherine Kessedjian;
30. Limits on Jurisdiction of Domestic Courts to Grant Civil Damages for International Law Violations - Peter Trooboff;
31. Corporate Group Structures and the Limits of Personal Jurisdiction. US/European comparative remarks - Rui Pereira Dias;
32. Towards Judicial Accountability in the Business & Human Rights Field? - Humberto Cantú-Rivera;
VIII: Postscript
33. The Judicial and Constitutional Challenges of Legal Globalisation - Miguel Poiares Maduro;
Index.

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